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Friday, December 30, 2011

CALIFORNIA - ENERGY: 2011 gas prices set record high

OFF THE WIRE
http://www.nctimes.com/search/?l=50&sd=desc&s=start_time&f=html&byline=By ERIC WOLFFewolff@nctimes.com
The average price of gas at the pump in California in 2011 was $3.82 a gallon, the highest in the 41 years that the California Energy Commission has tracked such figures, in inflation-adjusted terms.
Pretty much the same trend holds locally. In 2011, the average price for a gallon of unleaded hit $3.82 in San Diego County and $3.80 in Riverside and San Bernardino counties, both the highest in the 11 years the Automobile Club of Southern California has been tracking the data.
The year in gas prices started with a rapid run-up when uprisings in the Middle East and North Africa made investors nervous, but the highest price in the year never reached the all-time peak seen in 2008. Instead, prices started high and stayed there as developing economies in Brazil, China and India increased their consumption, which in turn pushed prices up steadily all year. The higher gas prices forced locals to change how they drove and how they shopped.
"This has been the most expensive year, on average, for gasoline in U.S. history," said Charles Langley, a gasoline watcher for the advocacy nonprofit Utility Consumers' Action Network.
Consumers saw gas prices escalate quickly during the Arab Spring early in the year: Uprisings in Tunisia, Egypt and Libya spooked investors who worried disturbances could spread to major oil-producing nations like Saudi Arabia. In May in San Diego County, the price peaked at $4.27 and it peaked in Riverside and San Bernardino counties at $4.25. By midsummer, many of those concerns had eased and prices slid.
That peak price never cracked the all-time highs in 2008. That was the year when turmoil in the financial markets sent oil prices soaring to almost $4.67 a gallon in San Diego County and $4.80 in Riverside and San Bernardino, in inflation-adjusted terms, according to the auto club. But the onset of the Great Recession in the U.S. and Europe killed demand and sent oil prices to lows not seen since.
The increase in 2011 was all the more perplexing, considering that Californians used less gas. Gas consumption has fallen the past five years in a row, according to the California Board of Equalization. The board is slow to report data, but in the first eight months of 2011, the state burned 9.4 million gallons of gas, less than it has used in the first eight months of a year since before 2002, the earliest the board reports.
What it means is that local demand no longer drives the price of gasoline. Instead, increasing consumption from developing economies like those in Brazil, China and India are creating more demand for oil. The price for Brent North Sea Crude, which is the price of oil that feeds California refineries, has been between $90 and $120 a barrel all year, said Severin Borenstein, co-director of the Energy Center at UC Berkeley.
"That's the bottom line," Borenstein said. "If oil costs $100 a barrel, then that component alone is $2.40 a gallon. Then you start adding some refinery margins, some retail margins, the taxes, you're going to be well over three dollars a gallon."
High gas prices put a drag on the economy, as people spent money on gasoline that they might otherwise have spent on consumer goods.
"When gas goes up, everything else goes down," said Cherie Vinopal, a San Marcos resident.
Vinopal, a careful budgeter, said she spent 15 percent less per person on gifts this year, and her extended family shifted its Christmas dinner to Irvine from Los Angeles to balance driving distances for everyone.
Mike Richardson commutes from Temecula into North County for his job as a salesman. He drives a company truck during his work day, but he spends $107 a week for his commuting fuel.
"Just driving here is something I have to budget. I never used to think about it," he said.
Analysts disagreed over where gas prices are going in 2012. Langley said he worried about the confrontation with Iran, which could send oil prices soaring. But even without that immediate kick, demand from developing countries is only likely to increase, and if the U.S. economy rebounds, the average price will set another record high in 2012, he said.
But Borenstein expects prices to level off or even start falling as new sources of crude oil in North Dakota, Canada, and off the coast of Brazil come into the market.
"If you look at the futures market, though, oil for a year or two in the future is predicted to be cheaper than current oil," he said.
Then he added, "Not a lot cheaper."
Call staff writer Eric Wolff at 760-303-1927, follow him on Twitter at ericwolff or find him on Facebook at facebook.com/NCTHousing.

Read more: http://www.nctimes.com/blogsnew/business/energy/energy-gas-prices-set-record-high/article_c8ad2ebf-36be-5f64-bbdb-6ee61fc6c7db.html#ixzz1hzMb708t

Thursday, December 29, 2011

CALIFORNIA - Ciccone, Kozlowski To Testify At Ablett Trial..

OFF THE WIRE
agingrebel.com
The outlines of the prosecution and the defense in the trial of Mongol Christopher Bryan “Stoney” Ablett are beginning to appear out of the legal fog.
Ablett is accused of murdering Hells Angel San Francisco charter President Mark “Papa” Guardado on September 2, 2008 on behalf of the “Mongols gang.” The trial is scheduled to begin January 23 in the Phillip Burton Federal Building in San Francisco before U.S. District Judge Richard Seeborg.
In documents filed in the last month William Frentzen and Kathryn Haun, the Assistant U.S. Attorneys who will prosecute the case against Ablett, have indicated at least some of the witnesses and some of the evidence they intend to introduce at trial. Ablett faces life in prison if he is convicted.

Co-Conspirator Statements

Among the evidence the prosecution still refuses to disclose are “the statements of alleged co-conspirators to the purported RICO enterprise identified as the Mongols Motorcycle Club. These statements are attributed to a number of Mongols, many of whom were later arrested and charged with being a member of a RICO conspiracy… members of the Mongols listed as declarants” include Ruben “Doc” Cavazos.”
The prosecution has given no indication that it will actually call on Cavazos to testify. Cavazos was sentenced to 14 years in prison by Judge Otis Wright in a secret hearing in September. ATF Special Agent John Ciccone and ATF Tactical Field Officer and Montebello Police Sergeant Chris Cervantes openly laughed at Cavazos during that sentencing.
Most of the declarations that will be entered into evidence that the Mongols Motorcycle Club is a criminal racket were made “in the course of executing plea agreements, cooperation agreements and the entry of pleas.” Some of those plea and cooperation agreements remain under seal and have not been available to Ablett’s attorneys, Richard B. Mazer and Michael N. Burt.

Murder Weapon

The prosecution also continues to withhold information about the weapon Ablett allegedly used to murder Guardado. Guardado’s autopsy report indicates that he died as a result of “multiple gunshot wounds.”
Ablett and Guardado allegedly fought outside a bar called Dirty Thieves at the corner of 24th Street and Treat Avenue in San Francisco. Witness statements about the murder are often contradictory. One witness said Guardado’s last words were “He keeps stabbing me!” Guardado was stabbed as well as shot.
The prosecution still refuses to disclose “the type of weapon Ablett used to commit his deadly assault.”

Laughlin

In a memorandum filed with the court on December 23, the prosecution articulated its intention to make the brawl between members of the Mongols and Hells Angels Motorcycle Clubs in Harrah’s in Laughlin, Nevada in April 2002 an issue in the Ablett case. The memo states:
“The incident at Laughlin is directly relevant because it provides context for the defendant’s motivation to commit murder in this case, i.e. that the victim was a Hells Angels member. The Laughlin incident is the single most important reason for the dangerous rivalry that exists between the two enterprises to this day. It provides background and context for the animosity that existed between the Mongols (the enterprise charged in the instant Indictment) and the Hells Angels.”
“…the defendant argues, the government’s position that Laughlin is a racketeering act wherein members of the Mongols conspired to murder and murdered members of the Hells Angels is somehow inconsistent with its earlier prosecution of Hells Angels members. What the defendant fails to appreciate is that the two positions are not mutually exclusive: Just as members of the Mongols conspired to commit various acts to include murder and attempted murder at Laughlin so too did members of the Hells Angels conspire to commit murder and attempted murder at Laughlin. Both groups had members who were armed and ready to fight at the Harrah’s casino. Nothing about the government’s earlier prosecution of the Hells Angels diminishes the fact that it also involved the Mongols. In fact, two Hells Angels members were murdered and one Mongols member was murdered at Laughlin. The violent melee went both directions, and the government should not be precluded from presenting Laughlin as a racketeering act simply because it previously prosecuted members of the Hells Angels for the events arising out of Laughlin.”
“What the government is seeking to prove with Laughlin that is entirely relevant to not one but two elements the government must prove is simply that: (1) there is a history of animosity between the two groups; (2) that history includes a violent melee that occurred at Laughlin that involved violence on the part of both groups; and (3) the event at Laughlin transformed what had previously been a dangerous rivalry into a full scale “war” between the two groups for which there had been no truce by September 2, 2008 when the defendant killed Mark Guardado. The government does not intend to prove up the Laughlin incident in a matter that suggests one party. Namely, the government must prove (1) that an enterprise existed and (2) that it engaged in racketeering activity. Laughlin is directly relevant to demonstrating both that the Mongols was an enterprise and that the enterprise was engaged in racketeering activity.”
“The government intends to prove this particular racketeering act through the testimony of two witnesses, a few minutes of video surveillance that show both the Hells Angels and Mongols engaged in a fight, and several photos….”

Defense Fund

The government will also attempt to convince a jury that the Mongols is a racket because the club helps members with legal expenses in criminal cases. The prosecution characterizes this legal fund raising as one tactic used by an “unlawful motorcycle gang.”
The prosecution intends to tell the jury that “…members of the Mongols, at one point, discussed collecting funds for the defense of defendant Ablett and that they were considering covering defendant Ablett’s defense.”
On June 4, 2009 ATF Special Agent John Ciccone told the grand jury that indicted Ablett for racketeering: “If a Mongol is arrested and a crime that he committed was in furtherance of the gang; so, for example, he gets into a fight with a rival gang member or a Hells Angel, he was doing that because that’s the protocol of the gang and it was in furtherance of the gang. Then the Mongols would take up a collection through what they term a ‘defense fund.’ They would charge each member of each chapter a specific amount of money that would go to that individual’s defense fund to pay off lawyer fees, court costs, or whatever because the criminal act that he committed was in furtherance of the gang.”
Ablett’s legal expenses have never actually been reimbursed by the Mongols Motorcycle Club, the prosecution explains, because “they could not cover the expenses of defense counsel for all Mongols members after the Black Rain case was taken down and about 100 or more of them were all facing criminal charges at the same time, perhaps they wrote defendant Ablett off because he was facing a possible federal death penalty case….”

Kozlowski

One of the ATF Agents who patched into the Mongols in order to entrap and subvert them, Special Agent Darrin Kozlowski, will testify at Ablett’s trial. Kozlowski will testify that he overheard Mongols discuss helping Ablett with his legal expenses.
Kozlowski will also testify that he saw three Modesto chapter Mongols including Ablett smoking marijuana at a party on June 22 2008. Kozlowski will also testify that at that party he arranged to buy heroin from Jorge “Solo” Viramontes for $1,500 an ounce. According to the pertinent Report of Investigation, ROI 605, Kozlowski did not record the conversation “due to the spontaneity of Viramontes approaching SA Kozlowski at the party” at which Ablett was preesent.
Kozlowski will testify that at the same party a “strict ‘Code 55’ was (put) in effect. That notice prohibited any Mongols members from wearing Mongols insignia due to an altercation with a rival gang…. Ablett’s presence with other Mongols at a time when a Code 55 is put out is of obvious relevance to this case – as SA Kozlowski can testify that, as a Mongols chapter Sergeant at Arms, his responsibility immediately on receiving a Code 55 was to notify all other members of his chapter. Therefore, the Sergeant at Arms of the Modesto chapter of the Mongols was responsible to notify all members of that chapter immediately on receiving the national Code 55.”
Kozlowski will also testify about purchases of cocaine and methamphetamine he made while investigating the Mongols.
Kozlowski may also testify to his official account of the aftermath of the murder of a Mongol Named Manuel “Hitman” Martin as stated in ROI 800 which was written, signed and dated about a month after the murder. In that report, Kozlowski states that he was told by a Mongol named Shawn “Monster” Buss that “the shooter who killed Martin” was a “Toonerville gang member.” According to Kozlowski, he learned that the motive for the murder may have been that “a member of 311 Bikerz checked a couple of unknown male individuals.”

Ciccone

The government’s most authoritative witness when it presents its case against Ablett will be ATF “gang expert” John Ciccone. Ciccone is expected to testify about the “Laughlin Riot” and the criminal nature of both the Mongols and the Hells Angels. Ciccone is the author of much of the language in Ablett’s indictment.
Before the grand jury that indicted Ablett, Ciccone testified to the criminal nature of the possible establishment of a legal defense fund for the accused man.
In that testimony a prosecutor asked Ciccone, “What happens if the a criminal act the individual was involved in was not in furtherance of the gang? Does that individual get a defense fund?”
And Ciccone replied, “ No. He would basically be on his own.”
Later in the same testimony, Ciccone was asked, “When you testified previously about defense funds being set up and you talked about defense funds in general with the Mongols organization, was such a defense fund set up for Christopher Ablett?”
Ciccone, “Yes.”
“How do you know that?”
“Once he once he self-surrendered after being on the run for a few months, the topic was brought up at a members meeting that they were going to start providing a certain amount of defense funds for Chris Ablett’s defense.”
“And was it a members meeting … Where was this members meeting? Do you recall?”
“I don’t remember the exact location. It was a meeting in Los Angeles.”
“And was it a members meeting of a specific chapter or an ‘all members’ type meeting?”

“I think it was a sergeant at arms/presidents meeting, if I can recall correctly, which would mean just those two people that held those positions in their respective chapters would be in attendance….”
“One thing you discussed was the discussion among he Mongols about setting up a legal defense fund for Ablett. Do you know whether such a legal defense fund was actually established on his behalf?”
“That was all. Our case was still going on, and that was all being directed by the former national hierarchy that are now all in custody based off of our investigation, and I have not … Granted we don’t have our undercovers in play anymore, that kind of thing, I have not heard any information recently since our takedown that they’re still continuing to make payments towards his defense.”

CANADA - The Ottawa Hells Angels president and that orange juice

OFF THE WIRE
So I had coffee with Hells Angels president Paul “Sasquatch” Porter down at the Ottawa courthouse. He had orange juice. I had a coffee with some cream, no sugar. Whenever I think of the word orange, I immediately think of what rhymes with it. It was Eminem, one of the greatest talents of our time, who said something like: I took my four-inch, orange door hinge out of storage from George’s.
Eminem hasn’t been in court in awhile, but Hells Angels president Paul (Sasquatch) Porter was in court the other day.
He’s not hard to miss. He’s named Sasquatch for a reason. He’s charged with cocaine trafficking after a brief Ottawa Police investigation. It might just be that the cops will finally send Sasquatch — just Sas to friends and criminal associates — to federal prison.
His former associates, the ones who founded the violent Rock Machine with him, have told me one of the only things the Hells Angels boss fears is prison.
Porter has always been insulated and far removed from the biker sweeps that sometimes do send some of the outlaws to prison. The police say they pulled over his car after it left a suspected drug house in Ottawa’s east end. But he wasn’t alone in the car, and when they stopped him, he allegedy said the quarter kilo of blow in his girlfriend’s purse belonged to him. None of this has been proved in court and Sasquatch will go on trial for coke trafficking in the new year. For anyone who has been prosecuted in court, it’s not a fun way to ring in the new year.
We hadn’t seen each other in years. Not since the time he ran a used book shop on Wellington. It’s no longer a book shop. It was replaced by an upscale dog grooming business when they started to ‘gentrify’ Hintonburg.
It was around the time someone “stole” his pick-up truck. His notorious biker gang sent the newspaper a press release about the theft, saying clearly whoever stole it must have noticed the Hells Angels biker vest inside.
“It turned out to be the cops who stole it,” Sasquatch told me down at the courthouse.
I think the courthouse is one of the bestest places to hang, especially if you are the kind of person that doesn’t have cable. It’s got the only cafeteria in town where prostitutes, cops, violent offenders, punks, some ordinary decent criminals, and lawyers all eat under the same roof. It’s about the only spot in the courthouse where everyone is treated the same. It’s definitely much different than upstairs at the counters, where they require you to tell them if you are a lawyer or just some guy off the street. And I must ask if everyone is required to pay the 10 bucks to pull a public file. I do know that everyone down in the cafeteria is required to pay for their coffee and cheeseburgers.
I hope some of the money one day goes to cheering up the folks waiting to be served at the family and divorce counter. I’ve seen more smiles at a casino, where smiles are sometimes as rare as a window or a clock.
So yeah, the other day, Hells Angels president Paul Porter went through the motions. Said all the right things.
Honest job. That the press only gives the police side of crime stories. Then said if the ‘club’ decides to get their message out, they’d go through me. I’d rather they just bought an ad and spare me the high school lines that criminal enterprise is not a pre-requisite for membership, and that riding Harleys keeps one young at heart. In some cases, both are true statements but at least talk about some of the criminal enterprise that lands you in newspapers every single day the world over.
I once went as an invited guest on an outlaw biker run in New Mexico with the Bandidos, a rival gang of the notorious Hells Angels. It reminded me of spring break in Daytona, only I wasn’t 18.
I sat at a table in a pub with international Bandido leaders and listened as they told me their plans for the gang to go straight and use their drug money to finance businesses like motels and restaurants. Obviously I didn’t file a story but I did make some good contacts.
Three weeks later, some of the same guys who spoke about plans for a straight future were arrested on charges of conspiracy to commit murder. I filed a story on that and sprinkled some of their conversation and colour from the biker run.
Porter also told me he makes an honest living fixing motorcycles for 50 bucks an hour.
He didn’t mention the quarter kilo of cocaine the cops said they seized from girlfriend’s purse on September 12.
The only spark of life from the calm, measured Porter was when he leaned closed and told me: “If you write anything about this, keep my wife’s name out of the paper.” He wasn’t kidding around and it’s refreshing to see a man try to protect his wife.
Only problem is that Debbie Brennan is also charged with cocaine trafficking, so clearly, I couldn’t give her a pass.
If Sasquatch’s alleged statement to arresting officers is true, it could be argued that he was trying to own up to it in an attempt to protect her. Either way, it didn’t work because she is also facing trial for an offence that carries a maximum penalty of life in prison.
So her name went in the story just the same. Had she just been in court to support the monster-sized outlaw biker, I would have left her name out. She should be treated just like the 20-year-old kid from Vanier who doesn’t have enough money to hire well-dressed lawyers from out of town.

Treated the same way down in the cafeteria, where even the Hells Angels president pays in full for a tiny bottle of orange juice.

www.twitter.com/crimegarden
gdimmock©ottawacitizen.com

http://blogs.ottawacitizen.com/2011/12/28/the-ottawa-hells-angels-president-and-that-orange-juice/

Your 'Human-to-Animal' Tweets Aren't Safe, Privacy Watchdog Says

OFF THE WIRE
By NICK MCCANN
Homeland Security spies on Facebook and Twitter users, recording the activity of people who search for terms like "human to animal," "collapse" and "infection," according to an online privacy advocacy group that has sued to peruse the agency's data.
     The Electronic Privacy Information Center (EPIC) says Homeland Security announced plans to monitor social media sites in February.
     "The initiatives were designed to gather information from 'online forums, blogs, public websites, and message boards,' to store and analyze the information gathered, and then to 'disseminate relevant and appropriate de-identified information to federal, state, local, and foreign governments and private sector partners,'" according to the federal complaint filed in Washington, D.C.
     "Previously, DHS had developed surveillance initiatives of public chats and other online forums concerning specific events, such as the January 2010 earthquake in Haiti, the 2010 Winter Olympics, and the April 2010 BP oil spill," EPIC also claims.
     As part of the initiative, the agency would "establish [fictitious] usernames and passwords" to spy on users and record their activities based on a number of search terms, including "human to animal," "collapse," "outbreak," and "illegal immigrants," the complaint says.
     Homeland Security regularly plans to report their findings to "federal, state, local, tribal, territorial, foreign, or international government partners," the privacy group says.
     EPIC allegedly requested documents from Homeland Security in April related to third-party contractors that work on social-media monitoring. The companies included H.B. Gar Federal, Palantir Technologies, and Berico Technologies, according to the complaint.
     Homeland Security denied the request, and EPIC appealed the decision.
     A request under the Freedom of Information Act to access the documents has gone unanswered after the department forwarded it to several components for processing and future response, according to the federal complaint.
     EPIC is represented by Ginger McCall, in-house counsel for the group. 

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